Striking Out Applications
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Ma v Roux: Can You Strike Out a Set Aside Application?
It was settled in Wyatt v Vince [2015] UKSC 14 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits. But is that the end of the matter? In Ma v Roux [2024] EWHC 1917 (Fam) Francis J heard an appeal from HHJ Reardon.
- Blog
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
!25/09/2024 17:32
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PF v QF [2024] EWFC 10 (B)15 January 2024
HHJ Reardon. Application to strike out W’s FR claim resulting from her bigamy (ex turpi causa).
- Cases
- Void Marriage
- Conduct
- Ex Turpi Causa
- Striking Out Applications
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H v GH [2023] EWFC 2357 December 2023
Simon Colton KC. Strike out of an application to extend time for payment of a lump sum.
- Cases
- Extension of Time
- Lump Sum
- Guideline Hourly Rates
- Costs
- Masefield v Alexander
- Striking Out Applications
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H v W [2023] EWFC 12014 July 2023
HHJ Reardon KC. This case concerns cross-applications regarding a final financial remedy order made in May 2021 (the 2021 order) by Recorder Anderson. This included an application by H for a further lump sum to compensate him for losses due to W’s a…
- Cases
- 'Thwaite Jurisdiction'
- Conduct
- Delay
- Costs
- Striking Out Applications
- Cross-Applications
- Compensation Principle
- Enforcement
- Setting Aside Orders (Including Barder Applications)
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RL v NL [2023] EWFC 759 May 2023
HHJ Madeleine Reardon KC. Striking out of Husband’s application to set aside a financial remedy order made in 1995. The FR order provided that H was to transfer his interest in FMH to W and thereafter there was to be a clean break, but the transfer…
- Cases
- Delay
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
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SS v RS [2023] EWFC 32 (Fam)16 March 2023
Sir Jonathan Cohen. Application by H, inter alia, for compensation relating to delay in W complying with an undertaking to use her best endeavours to procure the release of H from the mortgage on the family home following a financial remedy order in 2019.…
- Cases
- Domestic Abuse
- Costs
- Undertakings
- Striking Out Applications
- Compensation Principle
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Timokhin v Timokhina [2023] EWHC 58 (Fam)17 January 2023
Roberts J. Was a decision to stay a Sch 1 application pending conclusion of proceedings in another jurisdiction a substantive or procedural one?The parties were Russian nationals and parents to two children, aged 11 and 18. The children had lived in Londo…
- Cases
- Jurisdiction
- Children Act 1989 Schedule 1 Applications
- Appeals
- Striking Out Applications
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AB v CD [2022] EWFC 11629 July 2022
Roberts J (‘the judge’) dealt with an application to set aside a consent order made in financial remedy proceedings, and a responding application to strike out or summarily dismiss H’s application. The parties were both independently wealthy and had a sho…
- Cases
- Financial Remedies Court (FRC)
- Striking Out Applications
- Valuation of Shares
- Setting Aside Orders (Including Barder Applications)
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N v N [2015] EWHC 514 (Fam)22 January 2015
http://www.bailii.org/ew/cases/EWHC/Fam/2015/514.html
- Cases
- Striking Out Applications
- Enforcement
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Veluppillai v Chief Land Registrar, Veluppillai & Bank of Scotland [2017] EWHC 1693 (Fam)11 April 2017
http://www.bailii.org/ew/cases/EWHC/Fam/2017/1693.html
- Cases
- Striking Out Applications
- Civil Restraint Orders